American Jewelry Co. v. Barrs Self-Driver Co.

OPINION

By HAMILTON, PJ.

We are of opinion that the trial court’s judgment was correct as to amount. The claimed reduction in the rent was oral and the terms of the lease will not be varied by an oral agreement. Cromwell et v Kissinger Candy Co., 3.3 Oh Ap, 216.

On the question of constructive eviction, the law is, that such notice if properly given is constructive eviction; that it is not necessary for the tenant to wait until ejectment proceedings are instituted.

The facts are: On July 11, 1932, the day the notice to vacate was served, The Jewelry Company was in default of several months rent.…